ADU · Orange County
Can you build an ADU in Montgomery, NY?
Town of Montgomery has 13 districts. 9 districts prohibit ADUs, 4 allow them with occupancy restrictions. Check your address to confirm the district that applies to your parcel:
What the Montgomery code indicates by district
The table below shows how each district treats ADUs, alongside the lot and setback standards that govern a second unit. District boundaries and conditions vary, so treat this as a starting point and confirm the district that applies to your parcel.
| District | Min lot | Setbacks F / S / R | Max height | ADU |
|---|---|---|---|---|
| Residential Agricultural 0.5 Acre | 0.5 ac | 35 / 10 / 35 ft | 35 ft | Occupancy restricted |
| Residential Agricultural 1 Acre | 1 ac | 40 / 15 / 40 ft | 35 ft | Occupancy restricted |
| Residential Multi-Family | 0.5 ac | 35 / 10 / 35 ft | 35 ft | Occupancy restricted |
| Residential Mobile Home Community | 5 ac | 50 / 25 / 50 ft | 25 ft | No |
| Mobile Home Park — Agricultural Reserve | 5 ac | 50 / 25 / 50 ft | 25 ft | No |
| Neighborhood Business | 0.23 ac | 25 / 10 / 25 ft | 35 ft | No |
| General Business | 0.46 ac | 30 / 15 / 30 ft | 40 ft | No |
| Highway Business | 0.92 ac | 50 / 20 / 30 ft | 40 ft | Occupancy restricted |
| Crossroads | 0.46 ac | 30 / 10 / 25 ft | 35 ft | No |
| Light Industrial | 0.92 ac | 50 / 20 / 30 ft | 50 ft | No |
| General Industrial | 1 ac | 50 / 25 / 30 ft | 60 ft | No |
| Heavy Industrial | 2 ac | 75 / 30 / 50 ft | 75 ft | No |
| Business Park | 2 ac | 75 / 30 / 50 ft | 50 ft | No |
ADUs vs. short-term rentals in Montgomery
Short-term rentals allowed with local rules for Town of Montgomery. Short-term rentals are regulated under Chapter 186, Short-Term Rentals, created by Local Law No. 1 of 2026 and adopted 5-6-2026. A 2026 amendment to the Town fee schedule (Resolution #47 of 2026) sets the associated fees, so a permit or registration cost applies. This resolves the draft that the Town Board had been working on since 2024. New York State's 2025 short-term rental registry (Ch. 99 of the Laws of 2025) separately requires every host statewide to register the unit regardless of local law. Confirm with Town of Montgomery at (845) 457-2640 before listing. These are separate questions from whether you can build an ADU — a unit you're allowed to add isn't automatically one you're allowed to rent nightly, so check both.
Good to know
- Residential lot minimum0.5–5 ac — an ADU still has to fit the district's lot and setback envelope.
- UtilityOrange & Rockland territory.
- Building dept(845) 457-2640
- Last reviewed2026-06-16
ADU FAQ — Montgomery, NY
Are ADUs allowed in Montgomery, NY?
Town of Montgomery has 13 districts. 9 districts prohibit ADUs, 4 allow them with occupancy restrictions. Check your address with the free ADU checker, or confirm with the building department at (845) 457-2640.
Do I need a special permit for an ADU in Montgomery?
No district in Town of Montgomery requires a special-use permit for an ADU - 9 districts prohibit ADUs, 4 allow them with occupancy restrictions. Site-plan review or a building permit may still apply.
Can I use an ADU as a short-term rental in Montgomery?
Short-term rentals allowed with local rules for Town of Montgomery. ADU occupancy and short-term-rental rules are separate: an ADU you can build isn't automatically one you can rent nightly. Confirm both before you count on STR income.
What an ADU costs to build in Montgomery
Permission is one question and budget is another. An 800 sq ft accessory unit here runs roughly $205k–270k at a standard finish, and the per-square-foot rate comes in above a full house because the kitchen, bath, panel and heating plant cost the same either way. See the full cost to build an ADU in Montgomery, priced by size.
More on Montgomery: Full zoning for new construction · ADU build cost · House build cost · All Orange County towns
ADU information for Town of Montgomery is compiled from the municipal code (last reviewed 2026-06-16) and provided for decision-support only — not legal or architectural advice. ADU eligibility, size, owner-occupancy and permit conditions vary by district and often carry exceptions; verify with the building department at (845) 457-2640 before relying on any answer. Source: Offsite / Aldo zoning dataset, municipalData.js.